Himachal Pradesh High Court
Jai Kumar vs State Of Himachal Pradesh on 17 December, 2019
Author: Chander Bhusan Barowalia
Bench: Chander Bhusan Barowalia
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. MP(M) No. 2143 of 2019
Decided on: 17.12.2019
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Jai Kumar ....Petitioner
Versus
State of Himachal Pradesh ....Respondent
Coram
The Hon'ble Mr. Justice Chander Bhusan Barowalia, Judge.
Whether approved for reporting?1 Yes.
For the petitioner: Mr. Naresh K. Sharma and Mr. Vishal
Gupta, Advocates.
For the respondent/State: Mr. Shiv Pal Manhans, Addl. AG with Mr.
Amit Kumar Dhumal, Dy. AG. and Mr.
Ram Lal Thakur, Asst. AG.
ASI Yadav Chand, P.S. Parwanoo, District
Solan, H.P.
______________________________________________________________________
Chander Bhusan Barowalia, Judge. (oral)
The present bail application under Section 439 of the Code of Criminal Procedure has been maintained by the petitioner for releasing him on bail in case FIR No. 104/2019, dated 13.10.2019, under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act, registered at Police Station Parwanoo, District Solan, H.P.
2. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case.
Further, he is resident of Himachal Pradesh and neither in a position 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 17/12/2019 20:30:59 :::HCHP 2to tamper with the prosecution evidence nor in a position to flee from justice and no fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail.
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3. Police report stands filed. As per the prosecution story, on 13.10.2019, a police party had laid a nakka at place TTR, Parwanoo. Around 09:30 a.m., an Etios Car, having registration No. HP-64B-1903, was stopped for checking, in which two persons were sitting. On inquiry, the driver disclosed his name as Jai Kumar (present petitioner) and another person sitting on front seat disclosed his name as Virender Sharma @ Vicky. On suspicion, the car was checked and during the search of the vehicle, police recovered a polythene packet from the dash board of the car, which contained heroin (chitta). On weighment, the recovered contraband was found to be 68 grams. The police completed all the codal formalities on the spot and sent a rukka to police station for registration of FIR.
Consequently, FIR No. 104/2019, dated 13.10.2019, under Sections 21 & 29 of the Narcotic Drugs and Psychotropic Substances Act came to be registered against the petitioner.
4. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the police report, carefully.
5. The learned Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. He ::: Downloaded on - 17/12/2019 20:30:59 :::HCHP 3 has further argued that the petitioner is permanent resident of Himachal Pradesh and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice and no .
fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period, so the bail application be allowed and the petitioner be enlarged on bail. On the other hand, the learned Additional Advocate General has argued that the petitioner was found involved in a serious offence, so at this stage, in case he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. He has prayed that the bail application of the petitioner be dismissed.
6. At this stage, taking into consideration the fact that the petitioner is permanent resident of Himachal Pradesh and as per the learned counsel for the petitioner, the petitioner has to support his aged parents and family members and also taking into consideration the recovered quantity of the contraband, i.e., 68 grams, the fact that the petitioner is first time offender, the fact that the petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice, considering the overall facts, which have come on record, and without discussing the same at this stage and also the fact that the petitioner cannot be kept behind the bars for an unlimited period, this Court finds that the present is a fit case where the judicial discretion to admit the petitioner on bail is required to be ::: Downloaded on - 17/12/2019 20:30:59 :::HCHP 4 exercised in his favour. Accordingly, the petition is allowed and the petitioner, who has been arrested by the police, in case FIR No. 104/2019, dated 13.10.2019, under Sections 21 & 29 of the Narcotic .
Drugs and Psychotropic Substances Act, registered at Police Station Parwanoo, District Solan, H.P., shall be released on bail forthwith in this case, subject to his furnishing personal bond in the sum of Rs. 25,000/- (rupees twenty five thousand) with one surety in the like amount to the satisfaction of the learned Trial Court. The bail is granted subject to the following conditions:
(i) That the petitioner will appear before the learned Trial Court/Police/authorities as and when required.
(ii) That the petitioner will not leave India without prior permission of the Court.
(iii) That the petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Investigating Officer or Court.
7. In view of the above, the petition is disposed of.
Copy dasti.
(Chander Bhusan Barowalia)
December 17, 2019 Judge
(raman)
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